2015-105s:\legal\our documents\ordinances\15�z14-OOIO.docx
ORDINANCE NO. 2015-1�5
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING AN INITIAL
ZONING OF NEIGHBORHOOD RESIDENTIAL 4(NR-4) ON APPROXIMATELY 17.76
ACRES AND NEIGHB0�2HOOD RESIDENTIAL 6(NR-6) ON APPROXIMATELY 22.75
ACRES OF LAND ON A TRACT TOTALLING 40.33 ACRES IN SIZE. THE SUBJECT
PROPERTY IS GENERALLY LOCATED ON THE WEST SIDE OF COOPER CREEK
ROAD, APPROXIMATELY 750 FEET SOUTH OF SILVER DOME ROAD AND 1,250
FEET NORTH OF FISHTRAP ItOAD, IN TgIE CITY OF DENTON, DENTON COUNTY,
TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE
(Z14-0010).
WHEREAS, Randall Smith, on behalf of the property owner, the Estate of C. L. Byrom,
has applied for an initial zoning of Neighborhood Residential 4(NR-4) on approximately 17.76
acres and Neighborhood Residential 6(NR-6) on approximately 22.75 acres of land legally
described in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated herein by
�'� reference (hereinafter, the "Property"); and
WHEREAS, after providing notice and after conducting a public hearing on March 11,
2015 as required by law, the Planning and Zoning Commission recommended approval (6-0) of
the initial zoning designations; and
�VHEREAS, after providing notice and after conducting a public hearing on April 7,
2015 as required by law, the City Council finds that the initial zoning designations are consistent
with Denton Plan 2030 and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true.
SECTION 2. The initial zoning designations on the Property are hereby approved.
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provi.sions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ���' w day of ��".��°"�' � � 2015.
����� � ,
��°���������W� ��������
� �
!�"lm'�:����� ��"ATTS, MAYOR
��.�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
���
BY: �,�. � ,�„�;
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,�, �o ��
,`
f � . ���.
� �� � .� �"� �,o
{ �` � � �°
BY: ' ,°�' �'��� �'� ���� ' � _........ . " ����. ...aa
EXHIBIT A
LEGAL DESCRIPTION
NORTH TRACT — NEIGHBORHOOD RESIDENTIAL 41NR-4)
Being all that certain lot, tract or parcel of land situated in the T.H. Living Survey, Abstract Number 729 in
the City of Denton, Denton County, Texas and being a part of a called 40 acre tract of land described in a
deed to C.L. Byrom and Anita Byrom as recorded in Volume 308, Page 264 of the Deed Records of
Denton County, Texas; the subject tract being more particularly described as follows;
BEGINNING at point for the Northeast corner of the herein described, the same being the Northeast
corner of said 40 acre tract and being in or near the center of an apparent public road posted as Cooper
Creek Road;
Thence South 02 degrees 2� minutes 12 seconds West in or near the center of said road and with the
East line of said 40 acre tract a distance of 650.67 feet to a point for the Southeast corner of the herein
described tract;
Thence North 87 degrees 34 minutes 39 seconds West a distance of 1217.16 feet to a point in the West
line of said 40 acre tract and being the Southwest corner of the herein described tract;
Thence North 02 degrees 25 minutes 21 seconds East with the West line of said 40 acre tract a distance
of 620.05 feet to a point for the Northwest corner of said 40 acre tract and being the Northwest corner of
the herein described tract;
Thence South 89 degrees 01 minutes 05 seconds East with the North line of said 40 acre tract a distance
of 1218.09 feet to the PLACE OF BEGINNING and enclosing 17.76 acres of land more or less.
SOUTH TRACT — NEIGHBORHOOD RESIDENTIAL 6(NR-6)
Being all that certain lot, tract or parcel of land situated in the T.H. Living Survey, Abstract Number 729 in
the City of Denton, Denton County, Texas and being a part of a called 40 acre tract of land described in a
deed to C.L. Byrom and Anita Byrom as recorded in Volume 308, Page 264 of the Deed Records of
Denton County, Texas; the subject tract being more particularly described as follows;
BEGINNING at the Southeast corner of said 40 acre tract and the Southeast corner of the herein
described tract and being in or near the center of an apparent public raad posted as Cooper Creek Road;
Thence North 87 degrees 44 minutes 38 seconds West with the South line of said 40 acre tract a
distance of 1216.50 feet to a point for the Southwest corner of said 40 acre tract and being the Southwest
corner of the herein described tract;
Thence North 02 degrees 25 minutes 21 seconds East with the West line of said 40 acre tract a distance
of 809.80 feet to a point for the Northwest corner of the herein described tract;
Thence South 87 degrees 34 minutes 39 seconds East a distance of 1217.16 feet to a point in the East
line of said 40 acre tract and being in or near the center of said road and being the Northeast corner of
the herein described tract;
Thence South 02 degrees 28 minutes 12 seconds West with the East line of said 40 acre tract, in or near
the center of said road a distance of 806.27 feet to the PLACE OF BEGINNING and enclosing 22.57
acres of land more or less
EXHIBIT B
LOCATION MAP
Z 14-0010
Sitc Locxtion/Acriail Mup